Expert Drug Driving Solicitors London

If you refuse to comply with a requirement for an evidential sample, when suspected of drug driving, you may be charged with failing to provide an evidential specimen of blood.  This is never advisable, as the magistrates’ court is likely to impose a more onerous driving ban for a refusal, whereas, had you provided the specimen of blood and were marginally over the drug drive limit, it would be most likely that the minimum 12 month driving disqualification would be imposed if you pleaded or were found guilty.

Drug driving is a summary offence, meaning that it is tried in the lower or magistrates’ court. The maximum custodial sentence is therefore 6 months and the fines are unlimited, so completely down to an individual’s means and the court’s discretion.

The statutory minimum disqualification for this offence is 12 months and that disqualification will take immediate effect upon sentencing.  A person has been the subject of a disqualification of more than 56 days within the preceding 3 years, a 2 year ban will be the starting point and, if convicted of a similar offence carrying a mandatory 12 month disqualification, within the last 10 years, the starting point for the driving ban will be 3 years.

A fine and a custodial sentence may be imposed for the same offence although it is extremely rare, particularly where the custodial sentence is to be served immediately. An example may be where a driver for instance has profited financially from an offence. This situation would be appropriate only where the custodial sentence imposed is short, but the person convicted clearly has the means to pay a fine.  There is strict guidance within the court service to ensure that care is taken not to allow those convicted to by their way out of a custodial sentence.

The effects of a drug driving conviction can be far reaching and will show on a DBS check, which many people find impacts employment prospects or job applications.

Also, for some specified positions, where the utmost integrity is paramount, details of all convictions and cautions may be taken into account. For example, jobs or activities relating to national security, like policing and those requiring firearms certificates. Recruiters for these types of roles are likely to have direct access to the Police National Computer.

Diazepam is one of the controlled drugs that appears on the list of specified drugs detailed in the Drug Driving (Specified Limits) (England and Wales) Regulations 2014, meaning that it has been found to impair driving and as such the legal limit is set at 550 microgrammes per litre of blood.  Driving in excess of the limit for a controlled drug, will render you liable to prosecution.

Drug driving is a criminal offence, so you will have a criminal record if you are convicted.